NEW MEXICO, ex rel. MANUEL ORTIZ v. TIMOTHY REED (524 U.S. 151)
U.S. Supreme Court · decided June 8, 1998 · Supreme Court Database (Spaeth)
- Citation
- 524 U.S. 151 · 118 S. Ct. 1860
- Decided
- June 8, 1998
- Term
- October Term 1997
- Vote
- 9–0
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. Respondent, sentenced to a term of 25 years upon conviction of armed robbery and theft of drugs, was paroled from the Ohio correctional system in 1992. In the following year Ohio prison officials told respondent they planned to revoke his parole status. Before the scheduled date of his meeting with his parole officer, respondent fled from Ohio to New Mexico. Ohio sought extradition and the Governor of New Mexico issued a warrant directing the extradition of respondent. He was arrested in October 1994, and later that year sought a writ of habeas corpus from the New Mexico State District Court. He claimed he was not a “fugitive” for purposes of extradition because he fled under duress, believing that Ohio authorities intended to revoke his parole without due process and to cause him physical harm if he were returned to an Ohio prison. In January 1995, the New Mexico trial court ruled in favor of respondent and directed his release from custody. The State appealed this order, and in September 1997 the Supreme Court of New Mexico affirmed the grant of habeas corpus. 124 N. M. 129, 947 P. 2d 86 (1997). The State has petitioned for certiorari from that decision. Article IV of the United States Constitution provides that: “A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the…
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